Rocklin Municipal Code Art. II Encroachment Permits

It is unlawful for any person to encroach or cause to be made any encroachment, of any nature whatever within, upon, over, or under the surface of any right-of-way without having first obtained from the director a written encroachment permit in full compliance with this chapter. Actions which comprise an encroachment include making any alteration of any nature; constructing, maintaining, or leaving any obstruction or impediment of any nature; removing, cutting, or trimming trees; setting a fire; excavating; placing any pipeline, conduit, or other fixture; moving over or causing to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the city any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; and placing any structure, wall, culvert, or embankment.

(Ord. 875 § 1 (part), 2003).

The prohibitions contained in this article shall not apply to the following:

A. To any person encroaching or causing an encroachment on a public right-of-way as may be necessary for the preservation of life or property when an urgent necessity arises. The person making an emergency encroachment on a public right-of-way shall immediately notify the director or the police department and apply for and obtain an encroachment permit as soon as practicable;

B. To officers or employees of the city acting in the discharge of their official duties;

C. To any persons acting in a manner expressly authorized by a street closure permit issued under Chapter 12.24; and

D. To solid waste collection containers presented for collection as required by and in conformance with Chapter 13.08.

(Ord. 875 § 1 (part), 2003).

A. Application for an encroachment permit shall be made on a form provided by the director. The application shall state the name and residence or business address of the applicant; the location, type, and purpose of the proposed encroachment; and, if requested, a drawing and other information showing the location and extent of the encroachment.

B. If the encroachment includes an excavation, the application shall also provide the following information:

1. The location and approximate area of the excavation, including its approximate length and width;

2. If the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes;

3. The purpose of the excavation; and

4. A plan showing the location of the proposed excavation, its dimensions, and any other details the director may require.

C. The director may establish different requirements for blanket permits issued under Section 12.04.100 of this chapter.

(Ord. 875 § 1 (part), 2003).

A. At the time the permit is issued, the applicant shall pay a nonrefundable inspection fee in an amount established by resolution of the city council to process the application, provide requisite inspections and back-fill material testing services, and to maintain an inventory or database of facilities that are installed, repaired or removed during the work for which the permit is issued. The director is authorized to reduce or waive the inspection fee if the director determines the fee to be inappropriate based on the nature of the work.

B. No fee or requirement authorized or imposed by this chapter shall be construed to affect or alter in any way the obligation of utility service providers with facilities installed in the public right-of-way to relocate the facilities at no cost to the city when that relocation is required by the city to accommodate a proper governmental use of the public right-of-way.

(Ord. 875 § 1 (part), 2003).

A. Before the encroachment permit is issued, the applicant shall post with the director security approved as to type and form by the city attorney and in the amount stated below, to guarantee the faithful and proper performance of the work:

1. One hundred percent of the total estimated cost of the improvement or act to be performed conditioned upon the faithful performance of the work or act;

2. One hundred percent of the total estimated cost of the improvement or act to be performed securing payment to the contractor, the subcontractor, and to persons furnishing labor, materials, or equipment to them for the improvement or the performance of the required act, if appropriate; and

3. The amount determined to be necessary to guarantee or warrant the work for a period of one year following completion or acceptance against any defective work or labor done or defective materials furnished.

An additional amount may be included as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney's fees, which any be incurred by the city in enforcing the obligation secured. The security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement.

B. The director may waive or reduce the amount of the required security if the applicant provides satisfactory evidence of financial ability in proportion to the nature and scope of the work to be performed.

(Ord. 875 § 1 (part), 2003).

A. Before the encroachment permit is issued, the applicant shall file with the city a certificate of insurance, properly executed and showing that the applicant has in effect general liability, automobile, and worker's compensation insurance, as well as the necessary endorsements specified by the city, in the amounts as determined by the director to be appropriate for the work to be performed.

B. The director may waive, reduce, or modify the type or amount of insurance required or the endorsements required, if the applicant shows satisfactory evidence of self-insurance or as otherwise appropriate for the nature and scope of the work to be performed.

(Ord. 875 § 1 (part), 2003).

A. Upon receipt of a complete application, payment of the fee, and required security and insurance documents in compliance with all of the requirements of this chapter, the director shall issue the encroachment permit, subject to whatever conditions the director, in his or her professional judgment, determines to be necessary or convenient to protect the public health, safety and welfare, and for the protection of the city, during the term of the work authorized by the permit.

B. The director shall deny a permit to any person who has failed to comply with any provision of this chapter in connection with the encroachment permit.

C. An encroachment permit shall be void unless the proposed work is commenced within ten days from the date of issuance of the permit and the work is diligently completed, unless the work was subject to excusable delay or prior arrangements are made with the director.

D. The permittee shall notify the director not less than forty-eight hours prior to commencement of work under the permit.

E. Encroachment work shall be confined to the locations and work described in the permit and shown on the plans filed with the director. If circumstances appearing after the encroachment is commenced make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account.

F. No encroachment permit shall be transferable.

G. Except in the case of an emergency, no work shall be done at any time other than between the hours of eight a.m. and five p.m. from Monday through Friday, unless specified otherwise on the permit.

H. The director may issue blanket permits to any person to make excavations for underground service connections, for the location and repair of breaks or malfunctions in underground conduits or pipes, or for emergency purposes. Blanket permits shall be issued on a yearly basis only, and shall authorize only excavations referred to in this subsection. Except as specifically provided otherwise in this chapter, excavations authorized by this subsection shall be subject to all fees, limitations, and other requirements of this chapter.

(Ord. 933 § 2, 2008; Ord. 875 § 1 (part), 2003).

The director may revoke any encroachment permit issued under this chapter for noncompliance with any of the provisions of this chapter or any conditions of the permit.

(Ord. 875 § 1 (part), 2003).

The denial or revocation of an encroachment permit by the director may be appealed by the applicant or permit holder as set forth in Chapter 12.01 of this title.

(Ord. 933 § 3, 2008).

(Ord. No. 1096, § 3, 5-22-2018)